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O\ JUDGII P. S. ANI'ony RFlt)ot{'I o\ r ltE I\Qt,tRY I\TO THE vURACII\', OF THU VOICE (]I,IPPIN(; SAID'TO BE TIIA'| OF A MI\ISI'ER OF TII[, STATE TELECAST BY },IA\GAI,A}I TELEVISIO^\ (]HAN\EI, O\ 26-3-2017 AND OTHER CO\N[,C] UD MA't"t IRS B\ .THE COMMISSION OF INQUIRY JUDGII P. S. ANI'ONY DISTRICT JLDGE (RE r l).) & FOR]\TF]R,II,D(;E. TA.}III,I' COURI' S[,CRI] I'ARY A. (I. \'ISWA\{BIIARA\ !'ol-u],lE-t&lr REPORT ON THE INQUIRY INTO TEE YERACITY OF THE VOICE CLIPPING SAID To BE THAT OF A MINISTER OF THE STATE TELf,CAST BY MA}IGALAM TELEVISION CIIANNf,L ON 2GO3-2017 AIID OTIIER CONNECTf,D MATTf,RS BY THE COMMISSION OF INQTIIRY JUDGE P.S. ANTONY DISTRICT JUDGE (RETD.) & FORMER JUDGE. FAMILY COURT SECRETARY A.G.VISWAMBHARAN vo|--t (Chapren I to 12) CONTENTS Executive Summarl i to xiv Introduction (D Preliminary I (ii) The Nature & Manner of Inquiry 2 (iii) The Structure & Conten8 ofthe ReDort 8 PART -I The Circumstance Leading to the Appointment of the Commission of Inquiry Chapter - I llaugunetion ofthe Mrngalam News Channel l0 Chapter - 2 The Ineugural Tetecast & the Voice Clipping lf Chapter - 3 The People Behind the Voice Clipping l9 3.1 Introduction l9 Apology by R. Ajithkumar 20 J.J Eight Senior editorial memben and a female joumalist 2l 3.4 The Principal Persons behind the voice Clipping 3.4.1 R. Ajithkumar 3.4.2 Sajan Varghese 24 3.4.3 R.Jayachandran 26 3.4.4 M.P. Santhosh 3.4.5 tushi K. Manoj 26 3.4.6 Lakshmi Mohan 27 3.4.7. Firoz Sali Mohammed 27 3.4.8 S.V. Pradeep 28 3.4.9 Manjith Varma 29 3.4.10 Nazila Nazimuddin 29 Chapter - 4 The Resignation of the Minister of tbe 3l State Sbri A'K. Ssseendmn 4-l Announcement of resignation 33 4.2 Why did he resign? 35 Chaapter - 5 Appointment of the Commission & Scope of the lnquiry 5 . I Appoinfirent of the Commissron 5.2 Terms of Reference 38 5.3 Scope ofthe inquiry 38 PART - II The Inquiry & Conclusiotrs on Terms of Reference Nos I to 4 Chrpter - 6 The Inquiry 4l 6.1 Commission assumes charge 4l 6.2 Prelirninary steps for inquiry /11 6.3 History of inquiry 48 Chapter -7 Tbe Evidence of the Witnesscs Examined 55 7.1 CWI R. Ajithkurnar 55 7.2 CW3 R. J ayach andran 65 CW4 M.P. Santhosh 69 7.4 CW5 Rishi K. Manoj 7l 7.5 CW6 Lakshmi Mohan 7.6 CW7 Firoz Sali Mohamrned 75 7.7 CW8 S.V. Pradeep 7.8 CW9 Manjith Varma 77 7.9 CWl3 Sandhya S.N. 79 7.lO CWl4 Al-Neema Asharaf 80 7.ll CWl5 A.M. Yazir 83 7.12 CWIT A.K. Saseendran MLA 89 7 .13 CWl8 C. Narayan 93 7.14 CW 19 John Brittas (KTF) 93 7 .15 CW20 Secretary, Press Cotmcil of lndia 94 7.16 CW21 Shanavas A., DY.S.P. 94 7.'17 CW22 Bijumon, DY.S.P' 97 Chapter - 8 The Witnesses who did not apperr Nnd their case examined 100 8.1 CW2 Sajan Varghese 8.2 CW 10 Nazila Nazimuddin 103 8.3 CW 1l Sonia George & CWl2 DhanYa Raman lll 8.4 CW 16 Geelha Nazir tt2 Chepter - 9 The Documents produced bcfore I l5 the Commission 9.i Documents prcduced for Mangalam News Channel lls 9.2 Docurnents obtained by Commission During iocai rnspection t 16 9.3 Documents produced by CW 17 A.K. Saseendran MLA 116 9-4 Documents from CBCID I 16 9.5 Documents received from CW l0 Nazila Nazimuddin t17 9.6 Documents ftom Press Council oflndia tt7 9.7 Documents ftom Milsistry of I&B, Govemment of lndia t 18 9.8 Documents fiom NBSA 118 9.9 Documents relating to cases filed before the Hon'ble High Court ll8 9.10 Other documents ll9 Chapter - l0 Locsl lmpection 120 10.1 Intoduction r20 lO.2 Report oflocal Inspeotion t21 102.f Descripti@ oflv{mgalm Office Building 123 10.2.2 Iryession of the Cmnissio t2s 10.3 Tbe object oflocal inseeclion 725 10.3-l Answ€rs to qu€$ions 126 10.4 General renar*s l3l Chapter - 11 Argumcnts on behrlf of lte Pertics IJJ 1l.l Argument for CW 17 A.K Saseendran MLA 133 II2 Argument for CWI F.- Ajithkumar 150 I 1.3 Arguments for CW2 Sajan Varghese & Others 160 I1.4 Argunent for CW 3 R Jayachandran t64 I1.5 The contentions of Mangslan Television Chmnel joumalists 165 11.6 Statement filed on behalf of State r7l Chapter - I 2 Conclurions on Terms of Reference Nos. I to 4 191 t 12.I Veracity ofthe voice clipping 191 12=1.1 Conclusion on terms ofre.ference No.I 219 12.2 The circumstances that led to the above mnversation 219 122-1 Conclusion on terms of refercnce No.2 229 12.3 Whether the recorded voice clipping was edited/tampered with. 229 t2-3.1 The persons who acted behrrd the voice clipping 12.3.2 Conclusion on terrns of r.:fercnce No, 3 235 12.4 Terms of refer€nce No. 4 12.4.1 Whether the act of airing oflhe voice clipping is illegal 237 12.4.2 Violation of the provisius of the Constiu.ticn 241 12.4.3 Violation of kogrmme Code 243 12.4-4 Violation of joumalirCic norms ofconduct and Code of hactice 244 12.4.5 Offences under LT. Act- 2000 245 12.4.6 Offences rmder IPC, 1860 248 12.4.7 Legal action to be taken in this case 253 12.4.8 Conclusion on terrns ofrefer€nce No.4 255 PART _ III Inquiry into the other matters contrect€d with this Case as the Commission hes observed & Conclusion on Terms of Reference no. S Chapter - 13 The lssues involved as observed bv the Commission 259 l3.l Introduction 259 13.2 Complaints against Mangalam Television Channel 26Q 13.3. What is the action taken? 267 13.4 Withdrawal of complaint by NMWI, Kerala 268 13.5 The issues that arise for consideration 269 present Chapter - 14 Media Law & Ethics et 271 14.1 lntroduclion 271 14.2 Constitutionalbasis 272 14.3 Regulalory Mechanism and sellregulation )14 I4.3.I In;dequate law and statutory body to regulate electronicmedia 282 14.3.2 Self-rcgulation by private electronic media 286 14.4 Broadcasting services Regulation Bill, 2006 287 Chapter - 15 Need for Enactment of Law for Regulating Private Electronic Media and machinery for Enforncement of Ethicel Standards 289 l5.l Introduction 289 Koohi30 t5.z Inadequacy of the Present law and dircctions by the Supreme Court ?90 293 I ).J Need for change in Licensing Policy '15.4 Towards & ComPrehensive LAW 298 Chapter - 16 Other Matters Observed in connection with This Case 302 l6.l Introduction 302 16.2 Invasion of Right to Privacy and Freedom of the Media 302 t6.2.1 Statement of CW I 8 General Secretary, KUWJ 304 I o.z,L Affidavit of the Secretary, Kerala Television Federation 30s t6.2.3- Affidavit by Press Council of India 307 307 I o.,!...+. Statement of Shri-Adoor Gopalakrishnan of Dr. Sebastin Paul 308 t6.2.5. Opinion ) I O.J Joumalistic ethics and professional standards 16.3.1 The Conduct of some of the joumalists before the Commission JIf, 316 16.4 Social media and cYber crimes 318 16.5 Misuse of the freedom of the medta 16.6 Media Justice 3ZZ t6.7 The Conduct ofthe media towards the Commission 5t) 16.8. Media Education lz7 130 16.8 Code olConduct for Ministers 333 ChNpter - l7 Voice Clipping & Criminal Cases JJJ 17.1 Telecast ofthe voice cliPPing 334 17 .2 Responsibility of the State police t7 ? Progress of investigation 335 341 Ch.ptcr - 1E Conclusion on Terms of Reference No. 5 -19 Reconmendetions 348 Conclusion 353 Annexure Annexure - [ Transcript of voice clipping 355 Annexure - II Report of EMMC, Govemment of India 358 Annexure - III Apology of R. Ajithkumar, CEO, Mangalam News Channel 363 Annexure - IV Complaint of Nazila Nazimuddin 364 Annexure - V Swom statement of Nazila Nazimuddin 370 Annexure VI Face Book post of Nazila Nazimuddin 374 Annexure - VII Daily lndian Herald Online dated 16.08.2017 375 Annexure - VIll e-mail message of A.M. Yazir 380 Annexure - IX Call Details Records & Maps 382 Annexure - X Code of Practice ofNBA 392 Annexure -XI Statistics of cyber crimes 398 Abbreviations 399 Reference 400 Acknowledgments !{)' ,5\K'Kochi-30 Executive Summary Govemment of Kerala appointed Judge P.S. Antony Commission of Inquiry for the purpose of making an inquiry into a defnite matter of public importance, namely, the veracity of the voice clipping said to be that of a Minister of the State telecast by Mangalam Tefevision Channel on 26.03.2017 and coffrected matters with the following terms of reference:- (i) To inquire into the veracity of the voice clipping said to be that of a Minister of the State telecasted by Mangalam television channel on 26.03.2017; (ii) To inquire into the circumstances that led to the above conversation; (iii) To inquire into as to whether the recorded voice clipping was edited or tampered \ffith mala fide intentions, and as to who have acted behind that (iv) To inquire into as to whether the act of airing the voice clipping is illegal and it involves illegal activities or conspiracies and if so, the legal action to be taken in this regardi (v) To inquire into the other matters connected with this case and the Commission observes.
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